Maintaining Your H-1B Immigration Status

As as employee in H-1B status who is working at William & Mary or VIMS, it is your responsibility to understand and comply with the terms of your H-1B status during your stay in the U.S. Review this information carefully and contact the Office of International Students, Scholars & Programs (ISSP) with any questions.

For more information about H-1B status at W&M or VIMS, see the ISSP website.

Keep your passport and I-94 valid at all times. If one of them will expire within the next 6 months, contact ISSP. Your most recent I-94 record may have a different end date than your H-1B approval notice. Check your I-94 record after every return to the U.S. If the period of admission will expire before your H-1B approval notice, contact ISSP for further guidance. This might affect how long you are allowed to work.
Keep your I-94 with you throughout your time in the US, to fulfill registration requirements with the government, and be able to prove your immigration status if needed. Your most recent I-94 may be on your I-797 Approval notice; this updates any time you leave and return to the U.S.
Do not let your H-1B expire. The H-1B (I-797) Approval Notice allows you to apply for a visa and enter or reenter the U.S. It also establishes your legal eligibility to remain in the U.S. If you are eligible for an H-1B extension, contact ISSP, at least 6 months prior to the expiration date.
Begin employment within 30 days. If you are a new employee, you must begin employment and be in the payroll system no later than 30 days from the start date of your H-1B approval notice. If there is a problem, contact ISSP. If you are a current employee, please contact Human Resources to update your I-9, now that your H-1B has been approved or extended.
Employment is limited to your H-1B sponsorship (i.e. your department at William & Mary or VIMS). Outside employment must first be approved by the Provost. If you want to work in another department, your H-1B must typically be amended first. You may not be employed by another employer unless that employer has filed a concurrent H-1B for you.
Honoraria and travel expenses. You may not accept honoraria from outside institutions or employers. However, you may be reimbursed travel expenses including state approved per-diem, hotel, meals, and transportation/flight.
Update your home address with USCIS within 10 days of moving. You may update your address online or by mail. If updating your address online, do not provide your H-1B receipt number, since your H-1B is already approved (i.e., do not have a pending H-1B case).
Work only at your approved H-1B Location: H-1Bs are location specific. If you work from home in the same location as your work (i.e., your office is based in Williamsburg, and you work from home in Williamsburg), that is typically fine, but if you switch metro areas (work from Richmond, Newport News, etc.), we may need to amend your H-1B in advance to add the work site. Any change in the worksite must be authorized in advance.
Changes to employment duties, contract provision, promotions, and salary. Any material change in the terms and conditions of employment and job title will require a new H-1B petition. You must always remain on payroll. If you are considering taking unpaid leave, please contact ISSP before doing so.
Sabbaticals. If you take a sabbatical, where you will be located elsewhere, or your salary will be temporarily changed, we may need to first do an H-1B amendment before your sabbatical. Please contact us if this is something you are considering. Please allow a few months before the start of your sabbatical for these changes.
Ending employment. You must notify us immediately of a resignation, release from employment, or non-renewal of employment contract with the university. If you are dismissed from employment before your H-1B period ends, you have the right to request that the university pay the return costs of transportation to your home country.
H-4 dependents. H-1B employees have the responsibility for obtaining and ensuring immigration compliance for any dependents in H-4 status. ISSP can only provide general advice or refer you to an immigration attorney for assistance on specific matters relating to the legal affairs of family members.
Change in immigration status. Inform ISSP immediately if there is a change in your immigration status (e.g., receiving a green card).
Permanent residency for position with teaching responsibilities. If you are interested in a permanent residency sponsorship based on your position at the university, you must contact ISSP no later than 6 months from the date of the offer letter to discuss the process.
Permanent residency for permanent non-teaching faculty or staff. If you are interested in a permanent residency sponsorship based on your position at the university, we strongly encourage you to start this process no later than the start of your 4th year of H-1B eligibility.